Can my California DUI/DWI get Expunged? - Daniel M. Smith

Can my California DUI / DWI get Expunged from my DMV Driving Record?

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Hi and welcome to the DUI Minute, a series of educational videos brought to you by San Diego Defenders. I'm Dan Smith, supervising attorney for San Diego Defenders, and what we're offering today is not legal advice and not to be construed as legal advice but merely pointers to help you navigate through the DUI process. Today I want to talk about early termination of probation and expungement. Let's say that you suffered a DUI conviction, and you're now going to school, and you have been offered, like one of my clients of who was in nursing school, an opportunity to do what are called rounds or a series of internships in hospitals where they actually work with patients. Well they simply won't allow somebody that's on probation to hold such a position. This can really hold back somebody's career. Although they're getting the education, they need to do the active participation part, the internship if you will, in order to complete the process. So we can go in, an attorney can go in and ask the court to terminate probation. Let's say that you got five years of probation for your DUI conviction, and let's say you're in the second year of your probation, and you're offered this opportunity for the internship. We can go in, make the motion to terminate probation early after you paid your fines, after you have done any community service or a any public works service you are required to do, and finish up the classes and any other requirements under probation. We can get that early termination of probation, we have to have a good reason, but they are very doable. They're not always guaranteed, but very doable. The second thing is an expungement. What is an expungement? Well in California under penal code 1203.4 you're entitled to have a misdemeanor conviction taken off of your record if you make the motion and you have met the requirements. Again this is not legal advice. If you're seeking legal advice please consult an attorney, whether it's myself or anyone else, and then ask specific questions, because every situation is different. Thank you.

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